Legal privilege in criminal cases

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Practice notes
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an...
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9th Nov
Practice notes
Offence of conspiracy to defraudConspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of the Criminal Law Act...
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9th Nov
Practice notes
Pre-sentence reportsA pre-sentence report (PSR) is a report usually prepared by the National Probation Service (NPS) with a view to assisting the...
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9th Nov
Practice notes
The offence of possession of a bladed articleThe offence of having a bladed article in a public place can be tried in either the magistrates' court or...
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9th Nov
Practice notes
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
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9th Nov
Practice notes
Possession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his possession, whether lawfully or not,...
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Produced in partnership with Red Lion Chambers 9th Nov
Practice notes
BackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct protection, actually arises from a number...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 9th Nov
Practice notes
Bench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for...
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9th Nov
Practice notes
Specific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence requires a purposive intent...
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9th Nov
Practice notes
The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
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9th Nov
Practice notes
Sentences for fraud by false representationA person convicted of fraud by false representation in the Crown Court on indictment faces a maximum...
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9th Nov
Practice notes
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 9th Nov
Practice notes
What is a disclosure order?A disclosure order is, in general terms, an order authorising a request for information with which the recipient is obliged...
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9th Nov
Practice notes
Affray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...
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9th Nov
Practice notes
Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...
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9th Nov
Practice notes
The offence of misleading omissionsEngaging in a commercial practice that is a misleading omission is made an offence by the Consumer Protection from...
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9th Nov

Most recent Legal privilege in criminal cases content

Practice notes
This Practice Note considers legal professional privilege (LPP), which is made up of legal advice privilege and litigation privilege.It considers the...
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18th Nov
Practice notes
This Practice Note looks at privilege and confidential information in the context of a client-solicitor relationship where that solicitor-client...
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18th Nov
Practice notes
Legal privilege is the main means by which a company can resist disclosure of a confidential communication or document to a third party such as a...
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9th Nov
Practice notes
This Practice Note looks at loss of privilege in civil litigation in the context of legal professional privilege (LPP) and in particular considers the...
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6th Nov
Practice notes
The aim of this Practice Note is to provide some guidance on the principles of legal professional privilege (LPP) as they apply in criminal...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley 19th Oct
Practice notes
The rules relating to privilege, disclosure and waiver can vary widely from one jurisdiction to another.With multi-jurisdictional issues, it is...
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Produced in partnership with Áine Kervick of Kingsley Napley LLP 16th Oct
Q&As
Legal professional privilege (LPP) does not extend to everything legal professionals have a duty to keep confidential. LPP protects only those...
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28th Sep
Q&As
Without prejudice material does not fall under the legal professional privilege (LPP) umbrella. It is its own form of privilege rooted in public...
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Produced in partnership with Áine Kervick of Kingsley Napley 28th Sep
Q&As
General principlesIn English law, special protection is afforded to communications between lawyers (and in certain circumstances, third parties) and...
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28th Sep
Q&As
Privilege comes in a number of forms and is a means of seeking to prevent an opponent from being able to inspect various disclosable documents.For...
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Produced in partnership with Howard Smith of Radcliffe Chambers 28th Sep
Q&As
General principles—privilege and confidentialityOne of the more challenging issues a practitioner faces during litigation, and in particular during...
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28th Sep
Q&As
What is privilege?In English law, special protection is afforded to communications between lawyers (and, in certain circumstances, third parties) and...
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28th Sep
Q&As
As a general rule where a party refers merely to the existence of a document rather than its contents, that would not be sufficient to constitute...
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Produced in partnership with Ryan Turner of Lamb Chambers 28th Sep
Q&As
Although this is a question about privilege, privilege is a subset of confidentiality and this response addresses the wider issues. It assumes that...
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Produced in partnership with Sarah Mumford 28th Sep
Q&As
Ownership of privilegeLegal professional privilege 'belongs' to the client and not to the legal adviser (Three Rivers District Council v Governor and...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers and Daniel Gill of Clarke Willmott 28th Sep
Q&As
Joint or common interest privilege may arise where multiple parties have a right to assert privilege in the same documents. The circumstances of such...
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28th Sep
Q&As
Professional privilege—core principlesThe core aim of privilege is to protect the confidentiality of communications between clients and their lawyers....
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28th Sep
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Argentina; Brazil; France; Germany; India; Japan; Netherlands; Portugal;...
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27th Sep

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